Psilocybin law in every state
Psilocybin law · KS
Is psilocybin legal in Kansas?
ProhibitedSchedule I federally
Psilocybin is illegal in Kansas: it is a Schedule I controlled substance under K.S.A. 65-4105, and a first offense of possession is a class A nonperson misdemeanor.
Psilocybin is a controlled substance under state law with no programme for its use. Last checked 26 Oct 2026. Pending bills are re-checked weekly against the legislature; last change recorded 26 Oct 2026. Not legal advice.
Current status
- Psilocybin and psilocyn are listed as hallucinogenic substances in Schedule I, K.S.A. 65-4105(d)(23) and (24). (Kansas Legislature, current page)
- HB 2218, which would exclude crystalline polymorph psilocybin from the Schedule I definition and place it in Schedule IV, was recommended for passage as amended by the House Committee on Health and Human Services on 28 January 2026 but was left on the House General Orders calendar. (Kansas Legislature, 28 Jan 2026)
Decriminalized cities and counties
None found as of 26 Oct 2026.
A local lowest-priority measure tells city or county police and prosecutors where to spend their time. It does not change state or federal law, and state or federal officers can still enforce it.
Bills
| Bill | What it would do | Status |
|---|---|---|
| HB 22182025-2026 | Amending the definition of psilocybin to exclude crystalline polymorph psilocybin and adding crystalline polymorph psilocybin to schedule IVWould exclude crystalline polymorph psilocybin from the Schedule I definition of psilocybin and list it in Schedule IV. | Reported favorably as amended by House Health and Human Services 28 January 2026; left on House General Orders; died at end of 2025-2026 session (Kansas Legislature, 28 Jan 2026) |
Penalties
- Possessing a hallucinogenic drug listed in K.S.A. 65-4105(d) is a class A nonperson misdemeanor, or a drug severity level 5 felony if the person has a prior conviction for the same offense (K.S.A. 21-5706(b)(3) and (c)(2)). (Kansas Legislature, current page)
Federal law applies in Kansas too
- Peyote and mescaline are listed in Schedule I(c) of the Controlled Substances Act, as are psilocybin, psilocyn, DMT and ibogaine. (Legal Information Institute (Cornell) reproducing the U.S. Code, current)
- Outside the exemptions, distributing a Schedule I substance not named in the large-quantity tiers carries up to 20 years and a fine of up to $1,000,000 for an individual on a first offence (21 U.S.C. 841(b)(1)(C)); simple possession carries up to 1 year and a minimum fine of $1,000 on a first offence (21 U.S.C. 844(a)). (Legal Information Institute (Cornell) reproducing the U.S. Code, current; Legal Information Institute (Cornell) reproducing the U.S. Code, current)
Questions and answers
- Is psilocybin legal in Kansas?
- Psilocybin is illegal in Kansas: it is a Schedule I controlled substance under K.S.A. 65-4105, and a first offense of possession is a class A nonperson misdemeanor.
- Has any city in Kansas decriminalized psilocybin?
- We found no city or county measure in Kansas that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Kansas?
- None is pending. Recent bills: HB 2218, Reported favorably as amended by House Health and Human Services 28 January 2026; left on House General Orders; died at end of 2025-2026 session.
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